A good workers comp lawyer will help injured workers obtain all the benefits the insurance company doesn't want to pay for. The most important thing is finding a good doctor because all benefits have to come from a doctor. The insurance will want to keep injured workers with their doctors, but there are a number of benefits available in the workers comp process they don't tell workers about. Read below for more info about how to get work comp benefits.
How Does the Process Work?
If a worker is injured the employer should turn things over to an insurance company to manage the claim. However, many times an employer does not provide an injured worker with a claim form or send them to a doctor. In that case a workers compensation lawyer can fill out the claim form and find the insurance company to start the claim. Once the claim is started the insurance is responsible for providing treatment and money.
The insurance will either accept or deny the claim. Assuming a claim is accepted, there are a number of work comp benefits available, but they must flow through a doctor. So it is very important to have a knowledgeable work comp doctor that cares about the worker, not more business from the insurance company.
If the claim is denied the insurance company won't provide any benefits, and it will be necessary to fight for everything. Read our blog below about Denied Cases to get more info.
Please note that an insurance company has 90 days before they have to make a decision to accept or deny a case. This can create major problems for injured workers that are stuck on delay. The insurance company should provide medical treatment while making the decision but they will keep you with their doctors that are not very helpful. If they are delaying the case, the insurance company should send a delay letter. You can read more about the delay process here: https://workers-compensation-lawyer-los-angeles.com/f/what-is-a-delay-letter-in-workers-compensation
Even if the insurance company accepts the claim and admits they have to provide benefits, they have a number of tactics to limit those benefits so they can save money, but the Labor Code states that a worker has the right to anything necessary to "cure or relieve" the effects of a work injury.
Here are a few common benefits available to injured workers:
- - time off of work
- - money to replace wages
- - lighter work duties
- - free medical care
- - reimbursement for out of pocket expenses
- - massage treatment
- - chiropractic treatment
- - Orthopedic treatment
- - surgery
- - physical therapy
- - acupuncture
- - paid mileage for travel to appointments
- - braces
- - in home care
- - money for skills training
- - computers
- - money for damage done to the body
Although an injured worker gets anything that is needed to cure or relieve the effects of a work injury, these benefits must be properly requested by a doctor and approved by the insurance. The insurance company has a lot of control over the claim by keeping injured workers with their paid doctors. This is usually with facilities like Concentra, Kaiser, or Immediate Medical. If you are receiving treatment at these facilities it is important to find a new doctor, but it is difficult to change doctors. Read below about Changing Doctors.
Get paid for your mileage: If you have a claim now and have been driving to your appointments, you can get 65 cents per mile to help pay the cost of driving to your medical appointments. Injured workers need to fill out the proper form. You can get the form here: https://www.dir.ca.gov/dwc/forms-mileage.html